A joint resolution to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.

116TH CONGRESS 1ST SESSION S. J. RES. 7 JOINT RESOLUTION To direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. FINDINGS. 3 Congress makes the following findings: 4 (1) Congress has the sole power to declare war 5 under article I, section 8, clause 11 of the United 6 States Constitution. 7 (2) Congress has not declared war with respect 8 to, or provided a specific statutory authorization for, 9 the conflict between military forces led by Saudi 10 Arabia, including forces from the United Arab Emir- 11 ates, Bahrain, Kuwait, Egypt, Jordan, Morocco, 12 Senegal, and Sudan (the Saudi-led coalition), 13 against the Houthis, also known as Ansar Allah, in 14 the Republic of Yemen. 15 2 † SJ 7 ES (3) Since March 2015, members of the United 1 States Armed Forces have been introduced into hos- 2 tilities between the Saudi-led coalition and the 3 Houthis, including providing to the Saudi-led coali- 4 tion aerial targeting assistance, intelligence sharing, 5 and mid-flight aerial refueling. 6 (4) The United States has established a Joint 7 Combined Planning Cell with Saudi Arabia, in which 8 members of the United States Armed Forces assist 9 in aerial targeting and help to coordinate military 10 and intelligence activities. 11 (5) In December 2017, Secretary of Defense 12 James N. Mattis stated, ‘‘We have gone in to be 13 very—to be helpful where we can in identifying how 14 you do target analysis and how you make certain 15 you hit the right thing.’’. 16 (6) The conflict between the Saudi-led coalition 17 and the Houthis constitutes, within the meaning of 18 section 4(a) of the War Powers Resolution (50 19 U.S.C. 1543(a)), either hostilities or a situation 20 where imminent involvement in hostilities is clearly 21 indicated by the circumstances into which United 22 States Armed Forces have been introduced. 23 (7) Section 5(c) of the War Powers Resolution 24 (50 U.S.C. 1544(c)) states that ‘‘at any time that 25 3 † SJ 7 ES United States Armed Forces are engaged in hos- 1 tilities outside the territory of the United States, its 2 possessions and territories without a declaration of 3 war or specific statutory authorization, such forces 4 shall be removed by the President if the Congress so 5 directs’’. 6 (8) Section 8(c) of the War Powers Resolution 7 (50 U.S.C. 1547(c)) defines the introduction of 8 United States Armed Forces to include ‘‘the assign- 9 ment of members of such armed forces to command, 10 coordinate, participate in the movement of, or ac- 11 company the regular or irregular military forces of 12 any foreign country or government when such mili- 13 tary forces are engaged, or there exists an imminent 14 threat that such forces will become engaged, in hos- 15 tilities,’’ and activities that the United States is con- 16 ducting in support of the Saudi-led coalition, includ- 17 ing aerial refueling and targeting assistance, fall 18 within this definition. 19 (9) Section 1013 of the Department of State 20 Authorization Act, Fiscal Years 1984 and 1985 (50 21 U.S.C. 1546a) provides that any joint resolution or 22 bill to require the removal of United States Armed 23 Forces engaged in hostilities without a declaration of 24 war or specific statutory authorization shall be con- 25 4 † SJ 7 ES sidered in accordance with the expedited procedures 1 of section 601(b) of the International Security and 2 Arms Export Control Act of 1976 (Public Law 94– 3 329; 90 Stat. 765). 4 (10) No specific statutory authorization for the 5 use of United States Armed Forces with respect to 6 the conflict between the Saudi-led coalition and the 7 Houthis in Yemen has been enacted, and no provi- 8 sion of law explicitly authorizes the provision of tar- 9 geting assistance or of midair refueling services to 10 warplanes of Saudi Arabia or the United Arab Emir- 11 ates that are engaged in such conflict. 12 SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES 13 FROM HOSTILITIES IN THE REPUBLIC OF 14 YEMEN THAT HAVE NOT BEEN AUTHORIZED 15 BY CONGRESS. 16 Pursuant to section 1013 of the Department of State 17 Authorization Act, Fiscal Years 1984 and 1985 (50 18 U.S.C. 1546a) and in accordance with the provisions of 19 section 601(b) of the International Security Assistance 20 and Arms Export Control Act of 1976 (Public Law 94– 21 329; 90 Stat. 765), Congress hereby directs the President 22 to remove United States Armed Forces from hostilities in 23 or affecting the Republic of Yemen, except United States 24 Armed Forces engaged in operations directed at al Qaeda 25 5 † SJ 7 ES or associated forces, by not later than the date that is 1 30 days after the date of the enactment of this joint reso- 2 lution (unless the President requests and Congress author- 3 izes a later date), and unless and until a declaration of 4 war or specific authorization for such use of United States 5 Armed Forces has been enacted. For purposes of this reso- 6 lution, in this section, the term ‘‘hostilities’’ includes in- 7 flight refueling of non-United States aircraft conducting 8 missions as part of the ongoing civil war in Yemen. 9 SEC. 3. RULE OF CONSTRUCTION REGARDING CONTINUED 10 MILITARY OPERATIONS AND COOPERATION 11 WITH ISRAEL. 12 Nothing in this joint resolution shall be construed to 13 influence or disrupt any military operations and coopera- 14 tion with Israel. 15 SEC. 4. RULE OF CONSTRUCTION REGARDING INTEL- 16 LIGENCE SHARING. 17 Nothing in this joint resolution may be construed to 18 influence or disrupt any intelligence, counterintelligence, 19 or investigative activities relating to threats in or ema- 20 nating from Yemen conducted by, or in conjunction with, 21 the United States Government involving— 22 (1) the collection of intelligence; 23 (2) the analysis of intelligence; or 24 6 † SJ 7 ES (3) the sharing of intelligence between the 1 United States and any coalition partner if the Presi- 2 dent determines such sharing is appropriate and in 3 the national security interests of the United States. 4 SEC. 5. REPORT ON RISKS POSED BY CEASING SAUDI ARA- 5 BIA SUPPORT OPERATIONS. 6 Not later than 90 days after the date of the enact- 7 ment of this joint resolution, the President shall submit 8 to Congress a report assessing the risks posed to United 9 States citizens and the civilian population of Saudi Arabia 10 and the risk of regional humanitarian crises if the United 11 States were to cease support operations with respect to 12 the conflict between the Saudi-led coalition and the 13 Houthis in Yemen. 14 SEC. 6. REPORT ON INCREASED RISK OF TERRORIST AT- 15 TACKS TO UNITED STATES ARMED FORCES 16 ABROAD, ALLIES, AND THE CONTINENTAL 17 UNITED STATES IF SAUDI ARABIA CEASES 18 YEMEN-RELATED INTELLIGENCE SHARING 19 WITH THE UNITED STATES. 20 Not later than 90 days after the date of the enact- 21 ment of this joint resolution, the President shall submit 22 to Congress a report assessing the increased risk of ter- 23 rorist attacks on United States Armed Forces abroad, al- 24 lies, and to the continental United States if the Govern- 25 7 † SJ 7 ES ment of Saudi Arabia were to cease Yemen-related intel- 1 ligence sharing with the United States. 2 SEC. 7. RULE OF CONSTRUCTION REGARDING NO AUTHOR- 3 IZATION FOR USE OF MILITARY FORCE. 4 Consistent with section 8(a)(1) of the War Powers 5 Resolution (50 U.S.C. 1547(a)(1)), nothing in this joint 6 resolution may be construed as authorizing the use of mili- 7 tary force. 8 Passed the Senate March 13, 2019. Attest: Secretary. 116TH CONGRESS 1ST SESSION S. J. RES. 7 JOINT RESOLUTION To direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.